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Home My WebLink About02-25-86 IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF DAVID G. ROLAND ORPHANS COURT DIVISION NO. 232 ORPHANS 1978 OBJECTIONS OF PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY TO SECOND AND FINAL ACCOUNT AND PROPOSED DISTRIBUTION OF COMMONWEALTH NATIONAL BANK, GUARDIAN OF THE ESTATE OF DAVID G. ROLAND AND NOW, comes Pennsylvania Manufacturers Association Insurance Company, by and through its attorneys, Peters & Wasilefski, and objects to the second and final account and proposed distribution of the Commonwealth National Bank, Guardian of the Estate of David G. Roland, a minor, and in support thereof avers the following: 1. On or about April 6, 1978, Robert W. Roland, Sr., was employed as a journeyman electrician by General Electrical Services Company and was assigned by his employer to a job site at Hershey Foods Corporation, 19 East Chocolate Avenue, Hershey, Derry Township, Pennsylvania. 2. At the aforesaid time and place, Robert W. Roland, Sr., suffered fatal injuries when a conveyor was activated and Mr. Roland was carried into an elevator. 3. Robert W. Roland, Sr., was the father of David G. Roland at the time of his death. 4. At the time of Robert W. Roland, Sr.'s death, David G. Roland was a minor and was a dependent of Mr. Roland. 5. Commonwealth National Bank was appointed Guardian of the Estate of David G. Roland, a minor, by Order of this Court dated May 2, 1978. 6. Robert W. Roland, Sr.'s injuries and death occurred while Robert W. Roland, Sr. was employed by General Electrical Services Company and the decedent's death was compensable under the Pennsylvania Workmen's Compensation Act. 7. At the time of decedent's injury and death, Pennsylvania Manufacturers Association Insurance Company was the Workmen's Compensation insurance carrier for General Electrical Services Company, Inc. 8. In accordance with the Workmen's Compensation Act, PM1~ Insurance Company paid Workmen's Compensation benefits to Commonwealth National Bank, Guardian of David G. Roland, pursuan't to the terms of the Workmen's Compensation Act and in accordance with the Agreement for Compensation for Death attached hereto as Exhibit "A" and hereby incorporated by reference. 9. From May 15, 1978, through October 11, 1985" Pennsylvania Manufacturers Association Insurance Company paid a total of $35,127.46 in Workmen's Compensation benefits for the benefit of David G. Roland, said payments having been made to -2- Commonwealth National Bank, Guardian of the Estate of David G. Roland. 10. As the result of Robert W. Roland, Sr. 's injury and death, a civil action was commenced by Commonwealth National Bank, Administrator of the Estate of Robert W. Roland, Sr., in the Court of Common Pleas of Dauphin County, to Docket No. 2968-S-1978, against Hershey Foods Corporation, a third party tortfeasor. The aforesaid action was commenced under the Survival Act and Wrongful Death Act. 11. Following a jury verdict in favor of Plaintiff and a finding of negligence on the part of Hershey Foods, the aforesaid civil action was settled and finally resolved on or about April 25, 1984, pursuant to a structured settlement with total payments equaling $797,762.00. 12. Commonwealth National Bank, Guardian of the Estate of David G. Roland, and David G. Roland in his own right was a beneficiary of the aforesaid settlement. 13. As the result of the aforesaid settlement, Commonwealth National Bank, Guardian of David G. Roland, received the sum of $12,000.00 on or about April 26, 1984. 14. In addition thereto, and pursuant to the structured settlement, David G. Roland or his estate will receive $155,840.00. -3- 15. By virtue of Section 319 of the Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. S671, PMA is subrogated to the rights of the employee, his personal representative, his estate, or his dependents, against the third party tortfeasor to the extent of compensation payable under the Workmen's Compensation Act. 16. PMA has made claim and demand upon Commonwealth National Bank, Guardian of the Estate of David G. Roland, for reimbursement of compensation paid to Commonwealth National Bank, Guardian of the Estate of David G. Roland pursuant to the terms and conditions of the Workmen's Compensation Act, but Commonwealth National Bank, Guardian of the Estate of David G. Roland, has refused, and continues to refuse to honor PMA's right of subrogation. 17. In an effort to recover the payments made by it pursuant to the Workmen's Compensation Act, PMA Insurance Company has filed suit in the Court of Common Pleas, Dauphin County, Pennsylvania, to Docket No. 1356-S-1985, against, inter alia, Commonwealth National Bank, Guardian of the Estate of David G. Roland. 18. Commonwealth National Bank, Guardian of the Estate of David G. Roland, has received due notice of Pennsylvania Manufacturers Association Insurance Company's claim -4- for reimbursement of Workmen's Compensation benefits paid to the Guardian. 19. Although Commonwealth National Bank's Statemen1: of Account acknowledges receipt of $19,825.38 in Workmen's Compensation benefits paid by PMA Insurance Company, from June 21, 1982, through October 15, 1985, said account does not reflE~ct payments made by PMA for the benefit of David G. Roland for the period of April 6, 1978, through June 20, 1982. 20. The Schedule of Proposed Distribution makes no provision for payment of PMA's claim. 21. PMA believes and therefore avers that pursuant to the terms and conditions of the Workmen's Compensation Act, under which payments to the Guardian of the Estate of David G. Roland were made, PMA is a creditor of the Estate of David G. Roland and is legally entitled to payment of its claim from the principal balance on hand and proposed to be distributed to David G. Roland by Commonwealth National Bank, Guardian of the Estate of David G. Roland. 22. The Guardian's Statement of Account and Proposed Distribution fails to acknowledge PMA as a creditor of the mino]~'s estate, fails to include a complete accounting of payments made by PMA for the benefit of David G. Roland, and fails to make provisions for the payment of PMA's claim and the same is therefore objected to by PMA Insurance Company and claim -5- is made for reimbursement of all sums paid by PMA to Commonwealth National Bank, Guardian of the Estate of David G. Roland, a minor. 23. In the alternative, Pennsylvania Manufacturers Association Insurance Company requests the Court to direct Commonwealth National Bank, Guardian of the Estate of David G. Roland, a minor, to hold the sum of $32,498.74, the total sum wought to be distributed to David G. Roland, in an interest bearing escrow account pending final resolution of the action instituted by PMA Insurance Company against Commonwealth National Bank, Guardian of the Estate of David G. Roland, et aI, in the court of Common Pleas of Dauphin County, to Docket No. 1356-8-1985. WHEREFORE, Pennsylvania Manufacturers Association Insurance Company prays Your Honorable Court to enter an Order directing Commonwealth National Bank, Guardian of the Estate of David G. Roland, to pay over to PMA Insurance Company the sum of $32,498.74 or, in the alternative, to direct Commonwealth National Bank, Guardian of the Estate of David G. Roland, to place the aforesaid sum in an interest bearing escrow account pending resolution of the civil action instituted by PMA Insurance Company against Commonwealth National Bank, Guardian of -6- the Estate of David G. Roland, in the Court of Common Pleas of Dauphin County, to Docket No. 1356-S-1985. PETERS & WASILEFSKI Date: ~~Zl I /?tie, By:" JOS 29 1 North Front Street Harrisburg, PA 17110 (717) 238-7555 ( -7- VERIFICATION I verify that I am counsel for Pennsylvania Manufacturers Association Insurance Company and that the facts set forth in the foregoing Objections of Pennsylvania Manufacturers Association Insurance Company to Second and Final Account and Proposed Distribution of Commonwealth National Bank, Guardian of the Estate of David G. Roland are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authori t:ies. Date ~7 2-1 1'111.. I . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing OBJECTIONS OF PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY TO SECOND AND FINAL ACCOUNT AND PROPOSED DISTRIBUTION OF COMMONWEALTH NATIONAL BANK, GUARDIAN OF THE ESTA'I'E OF DAVID G. ROLAND on all counsel of record and parties of interest by placing the same in the United States mail, first-class postage prepaid, at Harrisburg, Pennsylvania on this ~day of February, 1986, and addressed as follows: Richard W. Cleckner, Esquire 31 North Second Street Harrisburg, PA 17101 Commonwealth National Bank ATTN: Lois B. Copeland Senior Trust Officer 10 South Market Square P.O. Box 1010 Harrisburg, PA 17108 PETERS & WASILEFSKI BY .~(")~ ~' ~L Secretary I I I I I 1 :l> ""0 I ~ 111 l> III 0 --l -111collZm 1'1 :J! W 1'1 MlJl_~lI 11 ~ Z lJl In I II 0 l> VI ~011~R> ::~t()< ..JZilO< ~~~2)> 1Il~~~<n ~ l> (I) 5 r= ~~~~111 1J1_~l>"Tl IJ1 ..J -1 -1 In 1J1:: r VI o ~ ^ - 1.",J._ it. ~~. p= I I